[Adopted 6-19-1986 by Ord. No. 937-86]
A. 
N.J.S.A. 39:13-1 through 8 and Subchapter 21 of Chapter 13 of the New Jersey Administrative Code,[1] pertaining to the licensure and regulation of auto body repair shops, which statutes and regulations are attached hereto and made a part hereof, are applicable within the City of Passaic, subject to the limitations, qualifications and expansion set forth in this article.
[Amended 2-12-2008 by Ord. No. 1748-08]
[1]
Editor's Note: See N.J.A.C. 13:21-21.1 et seq.
B. 
Any law enforcement agency or its personnel and any administrative department in the City of Passaic may enforce this article.
C. 
Definitions. As used in this article, the following terms shall have the meanings indicated:
AUTO BODY REPAIR FACILITY
Includes a business or person who, for compensation, engages in the business of repairing, removing or installing integral component parts of an engine, power train, chassis or body of an automobile damaged as a result of a collision. For the purpose of this article, the following are not deemed to be "auto body repair facilities":
[Amended 2-12-2008 by Ord. No. 1748-08; 9-7-2010 by Ord. No. 1841-10]
(1) 
An employee of an auto body repair facility who engages in the business of repairing automobiles solely by reason of his employment.
(2) 
Any person who is solely engaged in the business of repairing automobiles owned or leased by a single commercial or industrial establishment.
(3) 
Any person or business whose activities consist solely of fueling; changing oil, water, batteries or tires; replacing fan belts, air filters or oil filters; installing windshield wiper blades, light bulbs, communications equipment; or such other minor repair and servicing functions.
(4) 
A person or business which solely examines automobiles to determine the cause or location of malfunctions where no repairs as a result of collision take place.
(5) 
Any person or business that solely performs four-wheel alignment, air-conditioning services, window glazing, mechanical repairs and/or structural (frame machine) repairs pursuant to a subcontracting agreement with a properly licensed, full- or limited-service auto body facility. All such subcontracting agreements must be filed with the New Jersey Motor Vehicle Commission.
(6) 
Any person or business that solely performs restoration services for motor vehicles that have not otherwise been damaged as a result of a collision.
[Amended 1-9-1997 by Ord. No. 1392-96; 2-12-2008 by Ord. No. 1748-03]
The procedure for licensing and regulation, as well as the penalties for noncompliance with this article, as set forth in N.J.S.A. 39:13-1 through 8 and N.J.A.C. 13:21-21.1 et seq., are applicable in the City of Passaic, subject to the following provisions:
A. 
Wherever the term "Commissioner" or "Commissioner of Motor Vehicles" appears in the foregoing regulations such provisions shall refer to the City Clerk of the City of Passaic.
B. 
The fees for licenses set forth in N.J.A.C. 11:14-2.2(b)[1] shall not mean that auto body repair facilities in the City of Passaic must pay said fees to the City of Passaic. Instead, such facilities shall pay the following fees to the City Clerk of the City of Passaic at the time of initial application for a license and at the time of the renewal thereof:
(1) 
Initial application fee: $25.
(2) 
Type 17 license: $100.
(3) 
Type 18 license: $100.
[1]
Editor's Note: See now N.J.A.C. § 13:21-21.1 et seq.
C. 
All licenses issued hereunder shall be the property of the City of Passaic, and, upon any suspension, revocation, refusal to renew or other termination of the license, such license shall no longer be in force and effect, and the person having possession or custody of the license shall forthwith deliver the same to the City Clerk of the City of Passaic either by personal delivery or by certified mail.
D. 
The penalty in any case in which the City of Passaic has the power to revoke, refuse to renew or suspend the license of any auto body repair facility shall be as set forth in § 1-3, the general penalty provision, of the Code of the City of Passaic for the owner of the facility or one who has a controlling interest in such facility as such term is defined in N.J.A.C. 13:21-21.3.
E. 
(Reserved)
F. 
Records.
(1) 
In addition to the recordkeeping requirements set forth in the pertinent sections of the Administrative Code made a part hereof, each holder of a license and each auto body repair facility shall maintain the following records: the names, addresses, dates of birth and social security numbers of all owners, persons who have a controlling interest in the facility and employees of the facility.
(2) 
All such records shall be updated as soon as any of the information kept or required to be kept herein changes.
(3) 
Upon demand by any official of the City of Passaic, including but not limited to any law enforcement agency or personnel thereof, such information set forth in § 89-2F shall be made available to such official(s) of the City of Passaic. If any employee or licensee or person having a controlling interest fails to comply with this subsection of the article, such failure shall be deemed cause to suspend or revoke a license hereunder or to refuse to issue or to issue a renewal thereof and shall subject the owner of such facility and all persons with a controlling interest therein to the penalty section for such violation, which section is § 89-2D.
G. 
Each licensee or owner and all persons with a controlling interest in such auto body repair facility shall be deemed to have consented to permit any official of the City of Passaic, after the furnishing of proper identification, to inspect all records required to be maintained herein and to inspect all areas of the facility, whether or not open to the public. All such inspections shall be conducted at reasonable times during business hours, except in an emergency.
H. 
The applicant shall submit a copy of a valid certificate of occupancy for the premises with the completed application for a new or renewal license and/or permit.
I. 
All licenses issued hereunder shall be subject to the following hours of operation: 7:00 a.m. through 6:00 p.m. Monday to Friday; 7:00 a.m. through 6:00 p.m., weekends. Licensee shall be permitted to receive and release vehicles until 8:00 p.m., except for commercial tow trucks, which may drop off vehicles at any time in case of accident or emergency, but no auto body repair work shall be performed on any vehicle after 6:00 p.m. Licensee shall comply with all applicable portions of Chapter 193, Noise, during hours of operation.
[Added 9-7-2010 by Ord. No. 1841-10; amended 11-23-2010 by Ord. No. 1853-10]
All licenses issued hereunder shall run from October 1 of the calendar year of issuance and shall expire on September 30 of the succeeding calendar year.